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2019 DIGILAW 2517 (RAJ)

Abdul Sattar v. Bhadur Singh

2019-09-18

PUSHPENDRA SINGH BHATI

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JUDGMENT : Pushpendra Singh Bhati, J. 1. The appellant has preferred this misc. appeal claiming the following relief:- "It is, therefore, prayed that the appeal filed by the claimant appellant may kindly be allowed with cost and the full claim filed by the claimant appellant be allowed and the award of Rs. 35,000/- be increased to the sum of Rs. 5,25,000/- and the interest of the claim amount may be ordered to be given to the claimant at the rate of 15% from the date of accident till realisation." 2. The unfortunate accident happened on 2.4.1996 at about 6:00 P.M. when the appellant was going in Jeep No. RNJ 8055 along with Abdul Kasim. The said jeep was hit by a truck No. GQY 4283 on Tinwari Balesar road, which was being rashly and negligently driven. The Tribunal vide judgment dated 4.4.2001 awarded compensation to the tune of Rs. 35,000/- to the appellant. 3. At the outset, learned counsel for the appellant submits for enhancement of the award in accordance with the revised guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 5.11.2018. Learned counsel for the appellant has drawn attention of this Court to para 21 of the impugned award which is reproduced as under:- ^^21- bl ckcr izkFkhZ vCnqy lŸkkj ih-MCY;w- 2 us dgk gS fd nq?kZVuk ds dkj.k mldk nk;k gkFk VwV x;k FkkA fgpdh ij 5 Vkads vk;s FksA ck;k ?kqVuk VwV x;k FkkA cka;s gkFk ij pksVsa vkbZ FkhA fj'rsnkjksa us egkRek xka/kh vLirky esa HkrhZ djk;k FkkA mlds ck;s gkFk esa 10 bap dk vkijs'ku djds jkaM Mkyh xbZ FkhA Ms< ekg HkrhZ jgk FkkA nk;h tka/k dh gMMh fudky dj gkFk es Mkyh xbZA pksV izfrosnu izn'kZ 13] jsfM;ksyksftLV dh fjiksVZ izn'kZ 14] fMLpkTkZ fVdV izn'kZ 15] nokbZ;ksa ds fcy izn'kZ 16 ls izn'kZ 40 gSA nokabZ;k vHkh Hkh pkyw gSA nnZ gksrk Gsa 5]25]000@& : dk nkok fd;k gSA^^ Learned counsel for the appellant thus submits that apart from the compensation of Rs. 10,000/- for treatment, Rs. 15,000/- for discomfort, Rs. 5,000/- for loss of income and Rs. 5,000/- for other expenses, the petitioner is entitled to compensation of fracture in one hand and fracture in knee which both fall under the grievous injuries category in case where disability certificate is not produced. 10,000/- for treatment, Rs. 15,000/- for discomfort, Rs. 5,000/- for loss of income and Rs. 5,000/- for other expenses, the petitioner is entitled to compensation of fracture in one hand and fracture in knee which both fall under the grievous injuries category in case where disability certificate is not produced. Learned counsel submits that the disability certificate is now available but it was not produced before the trial Court. 4. Learned counsel for the respondent insurance company has opposed the submissions raised on behalf of the appellant. 5. After hearing the learned counsel for the parties and after perusing the record, this Court is of the opinion that it is a fit case for enhancement in accordance with the Revised Guidelines for Settlement in MACT Cases issued by Rajasthan State Legal Services Authority. Thus, apart from Rs. 35,000/- already awarded, the appellant is entitled to enhanced compensation as per Para 2(e) of the revised guidelines, which reads as under:- "2. Grievous injury cases:-In cases where disability certificate is not produced but there is a case of grievous injury: (e) Fracture of single lower and upper limp Rs. 45,000/- + Medical Bills supported by prescription or verification by doctor in court Hospitalization Rs. 600/- per day." Thus, the appellant is entitled to Rs. 45,000/- for the fractures of single lower and upper limb. The appellant admittedly remained in hospital for 45 days hence, he is entitled to Rs. 27,000/- as hospitalisation charges. The enhanced compensation is as follows:- 1. For fractures suffered Rs.45,000/- 2. Hospitalized charges Rs.27,000/- Total Rs.72,000/- 6. The respondent insurance company shall now pay the enhanced compensation to the tune of Rs. 72,000/- along with interest @ rate of 6% per annum from the date of filing of claim petition, within a period of two months from today, failing which the due amount shall carry interest @ 9% per annum for the subsequent period (i.e. after two months from today) till actual payment is made. 7. The present appeal stands disposed of accordingly.